Lack of Informed Consent Claims
Every day thousands of operations are performed throughout the UK and we place our trust in the healthcare professionals to carry out operations with reasonable care and attention. However, there is always a risk associated with having an operation which you should be informed of before you consent to the surgery.
We appreciate at Moore Blatch Resolve that when surgery does not go as planned this can change your life and we can assist you by providing you with legal assistance to help you improve the quality of your life through obtaining compensation for you.
Compensation can provide a lifeline for you following such a traumatic event in your life and enable you to maintain your independence and protect your rights as a disabled person.
What is informed consent?
Informed consent is required before an operation takes place, either from the patient or from someone authorised to give consent on their behalf for example, the parents or legal guardians of a child and a caregiver for the mentally ill.
Informed consent is where a person provides consent based upon a clear understanding of the facts, implications and future consequences of an action. To be able to provide informed consent the person must not have any condition which impairs their reasoning and judgment ability for example, severe mental illness or intoxication.
If you consider that you were not properly consented for surgery and there was an adverse outcome you may have a claim. The effects of the adverse outcome may affect how you manage your day to day life and may also affect your work and your lifestyle.
Medical care and rehabilitation
Medical care for surgery that does not go to plan can range from being monitored to requiring further surgery as the range of risks are extremely vast. Every case will be different depending on the facts. However you can rest assured that here at Moore Blatch Resolve we have vast experience of working with rehabilitation units throughout the country. We take an active role in providing quality information and advice to them about the extra resources that may be available through litigation. We work with rehabilitation experts both in the NHS and in the private sector to ensure the continuity of your care.
We consider it vital that you maximise your recovery through active rehabilitation. Our aim is also to assist you to help rebuild your life and we can do this by obtaining interim payments of compensation to assist you with your:
• Rehabilitation
• Re-education/training
• Transport
• Housing
• Aids and equipment
• Care support
• Therapeutic services
• Case management.
When should I contact a solicitor?
You or your family should contact a solicitor as soon as possible. The sooner we can commence work on your claim the sooner we can begin to assist you.
We can advise you on your benefit rights and also advise on dealing with debts which might arise due to being off work.
Can I claim compensation for lack of informed consent?
Surgery has many associated risks and you should have been given the opportunity to make an informed decision of whether to proceed with surgery or not based on the advice provided by your healthcare professional. If you do not feel that you provided informed consent and you suffered an injury from the surgery then we may be able to help you claim compensation. Your claim would be on the basis that if you had been informed of the risks then you would not have consented to the surgery.
The Moore Blatch Resolve Clinical Negligence team may be able to help you with a claim for compensation where:
• You did not provide consent for surgery; or
• You were not advised of the risks of surgery before you gave your consent; and
• You suffered as a result of the surgery and if you had known about the risks you would not have gone ahead with the surgery; or
• You were not mentally capable of giving consent.
It is very important to contact an experienced solicitor to receive legal advice. We can guide you through the initial process and provide you with the best advice as to whether or not you have a claim. You may not consider that you have a claim but we may well be able to assist you. We also receive numerous enquires from clients who wish to transfer their files to us if they are not satisfied with the progress that their current solicitors are making.
Funding
We will offer you a first free interview. At this initial consultation we will advise you whether or not your claim is worth pursuing. If you do decide to proceed with your claim we will advise you as to the best methods of funding the legal costs of your case. Legal Aid is available for clinical negligence claims and we will assess your eligibility at the outset. If you do not qualify for Legal Aid the options are as follows:
• Legal Expense Insurance: We will check whether you have a policy of insurance which covers your legal costs;
• A Conditional Fee Agreement commonly known as a no-win-no-fee agreement. Under this particular scheme you receive 100% of your damages and no deductions will be made from these. Our fees are recoverable from the defendant at the successful conclusion of your case. If you are not successful in recovering damages you will be protected by after the event insurance policy to protect your position financially. Therefore even if you are not successful you will not owe anyone anything.
• Trade union legal assistance. You may have cover if you are a member of a trade union, we can investigate this for you.
How much compensation will I receive?
If your claim is successful you will be awarded compensation. The aim of the compensation is to put you in the same financial position which you would have been if surgery had not occurred.
Compensation is listed under various categories:
• Damages for pain suffering and loss of amenity. These are often called general damages and are awarded to compensate you for actual injury you sustained. The amount of compensation you will receive depends upon the nature and extent of your injuries, the effect it has on your daily life for example taking part in recreational activities such as sports and hobbies;
• Damages for financial losses to the date of settlement of your claim. These will include loss of earnings (loss of tax and national insurance);
• Private medical or therapeutic expenses;
• The costs of any aids and equipment which you have purchased;
• Travelling expenses incurred by you or your family;
• The value of the care which is provided to you by your family, partner or friends;
• The cost of any professional care which is being provided.
Damages for future loss and expenses
Some people who suffer as a result of an error made during surgery may suffer long term losses and expenses as a direct result of the negligence. Calculation of the losses involved can complicated however compensation will take into account some or all of the following:
• Future loss of earnings including the loss of any promotion prospects;
• Loss of pension rights;
• The cost of providing personal care support;
• The cost of a case manager;
• The cost of physiotherapy and any other specialist therapeutic services;
• The cost of special accommodation which may be required;
• The cost of any special aids or equipment including annual maintenance and replacement costs;
• Extra transport costs;
• The cost of managing your financial affairs.
It is our aim in cases to obtain for you interim payments on account of damages these will assist you in the day-to-day management of your life while your claim is being settled.
Financial affairs
For some people who have suffered as a result of a risk associated with surgery, managing their own affairs is difficult. We can refer you to those able to provide specialist investment advice to help you if you are having difficulty managing your finances. If the Court of Protection is involved our Court of Protection team will liaise closely with them to ensure that public funds are made available as quickly as possible to replace your lost income and to pay for special needs and care support.
Time limits
There are strict time limits for pursuing claims of compensation. If proceedings in respect of the claim are not started within three years from the date of the injury the court may decide that your claim is out of time. However whilst the period of time limit is strictly enforced by the courts there are certain circumstances in which it is possible to bring your claim outside the three-year time period.
Please contact us at the earliest opportunity and we can discuss this with you.
Will I need to attend court?
The vast majority of cases are negotiated and settled before they go to court however some may ultimately go to a trial. However you can rest assured you are in safe hands. We are very experienced at Moore Blatch Resolve in dealing with medical negligence claims and we will guide you through the process.
Contact us on 0800 158 5258: If you believe that you or someone you know has suffered as a result of medical negligence please do not hesitate to contact us, we deal with clients throughout the country and we will visit you at your home, hospital or rehabilitation unit.